A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §36-4-19, relating to
making covenants and other restrictions that restrict the
installation or use of solar energy systems unenforceable;
defines terms; and provides exceptions thereto.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §36-4-19, to read as
follows:

ARTICLE 4. COVENANTS.

§36-4-19. Solar energy covenants unenforceable; penalty.

(a) It is the policy of the state to promote and encourage
the residential and commercial use of solar energy systems and to
remove obstacles thereto to promote energy efficiency and pollution
reduction. Therefore, upon the effective date of this section any
covenant, restriction, or condition contained in any deed,
contract, security instrument, or other instrument affecting the
transfer or sale of, or any interest in, real property, and any
provision of a governing document of a housing development or
association that effectively prohibits or restricts the
installation or use of a solar energy system is void and
unenforceable: Provided, That in instances involving a housing
development or association, an association may, by vote of its
members, establish or remove a restriction that prohibits or
restricts the installation or use of a solar energy system.

(b) For the purposes of this section:

(1) “Solar energy system” means a system affixed to a building
or buildings that uses solar devices, which are thermally isolated
from living space or any other area where the energy is used, to
provide for the collection, storage, or distribution of solar
energy; and

(2) “reasonable restriction” means those restrictions that do
not effectually result in a prohibition of their use by eliminating
the system’s energy conservation benefits or economic practicality.

(c) This section does not apply to provisions that impose
reasonable restrictions on solar energy systems including
restrictions for historical preservation, architectural
significance, religious or cultural importance to a given
community. Nothing in this section precludes the regulation of
solar energy systems by state and local authorities which may
establish land use, health and safety standards. Nothing in this
section precludes home associations, condominiums or unit
properties from restricting or limiting the installation of solar
energy systems installed in common areas and common structures.